The purpose of this chapter is to recognize domestic violence and family violence as serious crimes against society, the Tribes, and the family, and to provide the victim of domestic violence or family violence the maximum protection from further violence that the law, and those who enforce the law, can provide. Furthermore, the purpose of this chapter is to recognize that the strength of the Tribes is founded on healthy families, and that the safety of victims of domestic and family violence, especially children, must be ensured by immediate intervention of law enforcement, prosecution, education, treatment, and other appropriate services.
It is the intent of the Tulalip Tribes that the official response of domestic violence and family violence shall stress the enforcement of the laws to protect the victim and to hold the perpetrator accountable, which will in turn communicate the Tribes’ policy that violent behavior against intimate partners or family members is criminal behavior and will not be excused or tolerated. This in turn will promote healing of families and the Tribes where possible, and promote cultural teachings and traditional Tribal values so as to nurture nonviolence and respect within families. This chapter shall be interpreted and applied to give it the broadest possible scope to carry out these purposes.
(Ord. 117 § 1.1, 11-5-2001 (Res. 2001-365); Res. 2013-379; Res. 2021-002)
It is the intent of the Tulalip Board of Directors and the Tribal community that the official response to domestic violence and family violence shall be that the Tribes will not tolerate or excuse violent behavior under any circumstances. All people, whether they are elders, male, female, or children of our Tribes, or of the entire community residing on the Tulalip Reservation, are to be cherished and treated with respect.
Domestic violence and family violence are not acceptable and are contrary to traditional Tulalip Tribal culture and values of honoring the family, and are contrary to the interest of our community and sense of well-being and growth. Domestic violence and family violence will not be tolerated.
The Tribes finds that domestic violence and family violence imperil the very subsistence of the Tribal community and the residents of the Reservation. The Tribes recognizes the Department of Justice findings that one in three Native women is sexually assaulted in her lifetime and that 70 percent of reported assaults are committed by non-Native men against Native women. A community response to domestic and family violence is necessary because domestic and family violence crimes and incidents impact the community as a whole. These crimes redirect Tribal resources – whether personnel, financial, public safety or other resources – elsewhere and require an immediate response. As a result of this impact on Tribal resources, the Tribes deems it necessary to address domestic violence and family violence to the fullest extent permitted by laws existing now or as may be adopted or amended in the future.
The Tribes further recognizes that there is a distinction between intimate partner domestic violence and family member violence. Domestic violence involves an intimate partner relationship and dynamics of power and control are over-whelmingly present in the action. Family violence is committed against all other family or household members. Both are reprehensible actions that require specialized recognition and enhanced provisions than what might be otherwise available to victims of crimes, or remedies available in civil actions.
(Res. 2013-379; Res. 2021-002)
Jurisdiction over domestic and family violence matters shall be in accordance with TTC Title 2. In addition:
(1) 
The Tulalip Tribal Court shall retain jurisdiction over any violations of orders of protection entered pursuant to this chapter which are alleged to have occurred outside of the boundaries of the Tulalip Indian Reservation.
(2) 
Protection Orders.
(a) 
Subject Matter Jurisdiction. The Tulalip Tribal Court explicitly exercises jurisdiction over petitions for orders of protection filed by the following individuals in the Tulalip Tribal Court, regardless of where the incident(s) supporting the protection order occur:
(i) 
Any tribal member or person eligible for enrollment in the Tulalip Tribes;
(ii) 
Persons living within the boundaries of the Tulalip Indian Reservation;
(iii) 
Persons sheltered on the Reservation, fleeing violence; and
(iv) 
Any person, if any alleged basis for the protection order arose while either the petitioner or respondent was anywhere within the territorial jurisdiction of the Tulalip Tribes.
(b) 
Personal Jurisdiction Over Nonresidents.
(i) 
In a proceeding in which a petition for a protection order under this chapter is sought, the Court may exercise personal jurisdiction over a nonresident individual if:
(A) 
The individual is personally served with a petition within the territorial jurisdiction of the Tulalip Tribes;
(B) 
The individual submits to the jurisdiction of the Tribes by consent, entering a general appearance, or filing a responsive document having the effect of waiving any objection to consent to personal jurisdiction;
(C) 
The act or acts of the individual or the individual’s agent giving rise to the petition or enforcement of a protection order occurred within the territorial jurisdiction of the Tribes;
(D) 
1. 
The act or acts of the individual or the individual’s agent giving rise to the petition or enforcement of a protection order occurred outside the Reservation and are part of an ongoing pattern that has an adverse effect on the petitioner or a member of the petitioner’s family or household and the petitioner resides within the territorial jurisdiction of the Tribes; or
2. 
As a result of the acts giving rise to the petition or enforcement of a protection order, the petitioner or a member of the petitioner’s family or household has sought safety or protection within the territorial jurisdiction of the Tribes, and currently resides within the Tribes’ territorial jurisdiction; or
(E) 
There is any other basis consistent with TTC § 2.05.020, or with the Constitution of the Tulalip Tribes, or the Indian Civil Rights Act.
(ii) 
For jurisdiction to be exercised under subsection (2)(b)(i)(D) of this section, the individual must have communicated with the petitioner or a member of the petitioner’s family, directly or indirectly, or made known a threat to the safety of the petitioner or member of the petitioner’s family, while the petitioner or member of the petitioner’s family resides within the territorial jurisdiction of the Tulalip Tribes.
(iii) 
For the purposes of this section:
(A) 
“Communicated” or “made known” includes the following means: in person, through publication, by mail, telephonically, through an electronic communication site or medium, by text, or through other social media. Communication on any electronic medium that is generally available is sufficient to exercise jurisdiction under subsection (2)(b)(i)(D) of this section.
(B) 
An act or acts that “occurred within the territorial jurisdiction of the Tribes” include an oral or written statement made or published by a person outside of Tribes’ jurisdiction to any person in the Tribes’ jurisdiction by means included in subsection (2)(a) of this section, or by means of interstate commerce or foreign commerce.
(iv) 
For the purposes of this section, the Tribes’ territorial jurisdiction includes the Reservation and all lands and waters outside the Reservation included in TTC § 2.05.020.
(Ord. 117 § 1.2, 11-5-2001 (Res. 2001-365). Formerly 4.25.020; Res. 2013-379; Res. 2021-002; Res. 2024-107 (Att. 1))
Nothing in this chapter shall be deemed to constitute a waiver by the Tulalip Tribes of its sovereign immunity for any reason whatsoever.
(Ord. 117 § 1.3, 11-5-2001 (Res. 2001-365). Formerly 4.25.030; Res. 2013-379; Res. 2021-002)
If any part, or parts, or the application of any part of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter. The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application of any part thereof would be declared invalid.
(Ord. 117 § 1.4, 11-5-2001 (Res. 2001-365). Formerly 4.25.040; Res. 2013-379; Res. 2021-002)
The repeal, revision, amendment, or consolidation of any ordinance or part of an ordinance or section or part of a section of any ordinance by this act shall not have the effect to release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such ordinance, unless this act so expressly provides; and such ordinance or part of an ordinance or section or part of a section of an ordinance so repealed, amended, or revised shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions, criminal as well as civil, for the enforcement of such penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions imposing, inflicting, or declaring such penalty, forfeiture, or liability.
(Res. 2013-379; Res. 2017-327; Res. 2021-002)
As used in this chapter, the following terms shall have the meanings given below:
(1) 
“Abuse”
means the intentional infliction of physical harm, bodily injury or sexual assault or the infliction of the fear of imminent physical harm, and includes but is not limited to assault and battery as defined in the Tulalip Tribal Code.
(2) 
“Advocate”
means a person who is employed to provide services to victims of domestic violence and/or sexual assault or who volunteers to do so after receiving training in the area, and is bound by confidentiality policies.
(3) 
“Anger management”
means a program based on psychological therapeutic techniques and exercises by which someone with excessive or uncontrollable anger can control or reduce the triggers, degrees, and effects of an angered emotional state. Anger management is not appropriate or approved for domestic violence perpetrators. Anger management may, however, be utilized for family violence perpetrators, provided they receive an intake evaluation assessment from a qualified Tribal or State certified domestic violence professional.
(4) 
“Alarm”
means to cause apprehension or fear resulting from the reasonable perception of danger.
(5) 
“Coercion”
means to restrain, compel or dominate by force or threat.
(6) 
“Contact”
includes but is not limited to:
(a) 
Repeatedly coming into and/or remaining in the visual or physical presence of the other person;
(b) 
Following the other person;
(c) 
Waiting outside the home, property, place of work or school of the other person;
(d) 
Sending or making written communications in any form, including text messaging, IM, and social media, to the other person;
(e) 
Speaking with the other person by any means, including leaving a voicemail message;
(f) 
Communicating with the other person through a third person;
(g) 
Committing a crime against the other person;
(h) 
Communicating with a third person who has some relationship to the other person with the intent of impacting the third person’s relationship with that other person;
(i) 
Communicating with business entities with the intent of affecting some right or interest of the other person;
(j) 
Damaging the other person’s home, property, place of work or school; or
(k) 
Delivering directly or through a third person any object to the home, property, place of work or school of the other person.
(7) 
“Court”
means the Tulalip Tribal Court.
(8) 
“Course of conduct”
means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
(9) 
“Dating relationship”
means a social relationship of a romantic nature. In determining whether parties have a “dating relationship,” the trier of fact shall consider:
(a) 
The length of time the relationship has existed;
(b) 
The nature of the relationship; and
(c) 
The frequency of the interaction between the parties.
(10) 
“Dating violence”
means a crime committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
(11) 
“Domestic violence”
means a crime committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic violence laws of the Tulalip Tribes.
Domestic violence can take many forms such as but not limited to use of intimidation, contact as defined within this chapter, manipulation, isolation, coercion, fear and/or violence, as well as other tactics of power and control to establish and maintain a relationship of dominance over an intimate partner, but does not include acts of self-defense. The following are examples of what form the domestic violence action may take, but are not an exhaustive list, merely illustrative:
(a) 
Attempting to commit or committing any criminal offense as defined by TTC Title 3 against an intimate partner;
(b) 
Physically harming, attempting to physically harm, or placing an intimate partner in reasonable fear of physical harm to himself or herself. Reasonable fear may be produced by behavior which induces fear in the victim, including, but not limited to, harassment, stalking, destruction of property, or physical harm or threat of harm to household pets;
(c) 
Emotional or mental abuse of the intimate partner, including physical or mental intimidation, controlling activities, or using demeaning language;
(d) 
Economic abuse of an intimate partner;
(e) 
Causing an intimate partner to engage involuntarily in sexual activity; or
(f) 
Preventing the victim from accessing services.
(12) 
“Electronic communications”
means any form of expression or exchange of information by speech, photographs or written form using electronic means. Electronic communication includes, but is not limited to, communication via telephone, facsimile, electronic mail, social media and other electronic forms.
(13) 
“Electronic surveillance”
means monitoring the behavior, activities, or whereabouts by electronic means.
(14) 
“Emotional distress,”
for the purpose of this chapter, means a reaction such as anguish, grief, fright, humiliation, or fury.
(15) 
“Elder”
means a person 62 or more years old.
(16) 
“Essential personal effects”
means those items necessary for a person’s health, welfare and livelihood, including but not limited to clothing, cribs, bedding, family heirlooms, medications, money, personal documents, personal hygiene items, tools of the trade, vehicles, jewelry, regalia or any cultural or ceremonial items, and pets.
(17) 
“Ex parte”
in this chapter means that only the requesting party is heard by the Court, and that notice and an opportunity to contest the facts are not available to the party adversely affected by the Court’s action.
(18) 
“Family or household member”
means:
(a) 
Persons who are related by blood, marriage, or adoption.
(b) 
Minor children, by blood, marriage, or adoption.
(c) 
Minor children who are part of the household.
(d) 
Persons who reside or have resided together in the past who are not or have not been intimate partners.
(19) 
“Family violence”
means the same or similar acts committed in domestic violence, but directed towards a family or household member instead of an intimate partner. The dynamics of power and control may not be present.
(20) 
“Foreign protection order”
means an injunction or other order related to domestic violence or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to another person, issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or a Tribal Court, in a civil or criminal action.
(21) 
“Indian Country”
means the definition given in 18 U.S.C. 1151.
(22) 
“Immediate family”
means a spouse, parent, child, sibling, live-in partner, or any other person who regularly resides in the household or who in the past regularly resided in the household.
(23) 
“Intimate partner”
means:
(a) 
Spouses;
(b) 
Former spouses;
(c) 
Persons who are or have been in a marital-like relationship, including same-sex relationships;
(d) 
Persons who have a child in common, regardless of whether they have been married or have lived together at any time in a romantic relationship; or
(e) 
Persons who are dating or have dated in the past.
(24) 
“Legacy of Healing”
means the Tribal program primarily responsible for assisting victims of domestic and dating violence, sexual assault and stalking.
(25) 
“Mandatory arrest”
means that a Police Officer shall arrest if there is probable cause to believe the person to be arrested has committed an offense as defined by this chapter even though the arrest may be against the expressed wishes of the victim.
(26) 
“Minor” or “juvenile”
means any person under the age of 18 years of age.
(27) 
“No contact order”
means a Court order issued pursuant to a criminal case that prohibits a criminal defendant from having contact with the victim.
(28) 
“Protection order”
means a temporary or permanent Court order, injunction or other order related to domestic violence or family violence, harassment, sexual abuse, or stalking, granted for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to another person, who is a victim or alleged victim of domestic violence or family violence, dating violence, sexual assault or stalking; and
Includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendente lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
(29) 
“Perpetrator”
means the person who has committed an act of domestic violence or family violence. The perpetrator may also be referred to as a “defendant” in a criminal case or “respondent” in a civil case.
(30) 
“Police Officer”
means any person employed or commissioned as a police or law enforcement officer by the Tulalip Tribes, Snohomish County, other State of Washington or any agency of the Federal government or any law enforcement agency having jurisdiction within the Tulalip Indian Reservation, including non-Tribally deputized officers who may make arrests on the Reservation.
(31) 
“Probable cause”
for arrest means that the Police Officer, acting as a person of reasonable caution, has reasonable grounds to believe that the person to be arrested has committed an offense as defined by this chapter, based on all the facts known to the officer, including the officer’s personal observations, statements made by parties involved in the incident, statements made by witnesses, if any, and any other reliable information.
(32) 
“Repeated”
means two or more times.
(33) 
“Safe house”
means a safe home/safe house that provides temporary refuge and other services on a 24-hour, seven-days-per-week basis, to victims of domestic violence and their children.
(34) 
“School”
means a public or private institution of learning or a child care facility.
(35) 
“Tribal or State certified domestic violence perpetrator treatment program”
means a State or Tribally certified program for abusers in which they are held accountable for their abusive actions and/or controlling behavior and in which their belief systems are sought to be changed that adopts at a minimum the State standards of Chapter 388-60 WAC or any successor code.
(Ord. 117 §§ 1.5, 1.29.C, 11-5-2001 (Res. 2001-365). Formerly 4.25.050, 4.25.310; Res. 2004-232; Res. 2010-398; Res. 2013-379; Res. 2021-002)
The following persons are obligated to report suspected domestic violence or family violence if they believe it is occurring, or is about to occur and they believe the victim is in imminent risk of harm: any physician, physician’s assistant, psychologist, psychiatrist, mental health counselor, nurse, nurse’s aide, nurse practitioner, midwife, dentist, dental assistant, hygienist, optometrist, or any medical or mental health professional; school principal, school teacher, or other school official; social worker; child day care center worker, or other child care staff including foster parents, residential care or institutional personnel; peace officer or other law enforcement official; and judge, attorney if not prevented by the attorney client privilege, probation staff, Clerk of the Court, or other judicial system official. The suspected domestic violence or family violence shall be reported immediately by telephone or otherwise to the Tulalip Police Department. The reporter may initially be logged in as anonymous.
Any person subject to mandatory reporting who fails, neglects, or refuses to report acts of domestic violence known to him/her, after notice and hearing, will be assessed a civil penalty in an amount not to exceed $500.00.
(Ord. 117 § 1.19, 11-5-2001 (Res. 2001-365). Formerly 4.25.190; Res. 2013-379; Res. 2021-002)
The following persons have immunity from liability in a civil action brought by a party for any action or omission in good faith under this chapter arising from alleged domestic violence or family violence or a crime involving domestic violence or family violence:
(1) 
Law enforcement officers;
(2) 
Victim advocates;
(3) 
Beda?chelh, Legacy of Healing, Tulalip Child Support or Behavioral Health staff;
(4) 
Mandatory reporters; or
(5) 
Members who are part of a team established by the Legacy of Healing program with the Board of Directors’ consent, for the purpose of protecting persons from domestic violence or family violence.
(Res. 2013-379; Res. 2021-002)